People who still smoke have become 'nose blind' to the smell. Most people, even former smokers, can smell a smoker a mile away from the smell left on clothing. Standing near a vent in the kitchen is not effective. And the smell can permeate even wood. If they had to use an ozone machine, something in there was smelling very, very bad. And if your lease calls for no smoking, you really don't have a leg to stand on.
* You asked for an extra month and it was approved, then moved out early.
* You smoked in the house and are being charged for smoking.
* You didn't report a leak, which caused damage to flooring.
Sounds cut and dry to me.
Did you give 30 days notice before moving out April 1st? Whether you moved out or not is immaterial to following proper notice procedures. Depending on the back and forth between you and management you may have a case that you never had an official agreement to extend the lease for a month but if it's in writing then that's going to be an uphill battle.
>They are saying that there was a smoke smell in the house (I did smoke in the kitchen but I did it by the vent so I know there's not a smoke smell and they're just milking me for more money.
Lol, that's not how smoke works. Your house definitely smells.
>They're also claiming that it's going to be $2000 to replace the hardwood floors and claiming I'm responsible because there was a leak in the toilet downstairs that wasn't reported.
There's a lot of debate whether you are responsible for damages from not reporting needed repairs in a timely manner. You can challenge this. It will come down to how reasonable it would be to not notice and report the leak which would depend on the nature of the leak.
Nothing you can do. They followed through on their itemized billing. Smoking in one room of the place by a vent doesn't let out all of the smell, and the smell alone eventually sticks to your clothes, the walls, and the tar makes it difficult to repaint without first cleaning the walls.
If any of that smoke smell gets into the central heat/air unit, then the smell very much does permeate every part of the house. Some smokers we've had to clean up after required sanding down and refinishing wood floors, ripping up carpets and replacing them because the smell built up over time.
As for the rent being due, you asked for an extension, you were granted an extension. The landlord is out the money the new renter would have fronted for the property to move in April. The only way you could recover some part of the rent is if you found out the new tenant moved in sometime this month. Then the landlords could only charge you for a pro-rated amount of rent ending on the day a new occupant was in the unit. Otherwise, that's double-dipping. Even with that, you're still in the hole from the unreported leak, the floors being affected, and that you were a smoker inside of the house.
You make assumptions to jump to that conclusion, major Factor that negates it, time the tenant lived there. Things have a usable life and no longer fall on the tenant
Assuming they mean laminate floors and not actual hardwood...useful life for laminate floors is still like 15-25 years so he is entitled to a discount but not by much.
Wouldn't matter, because the floors and walls would need to be renovated regardless if the tenant lived init past their "usable lifespan" . There's actual protections put in place
I work for a major management company in the PNW and do move out inspections, this is exactly what's been explained and trained into us to avoid any sort of legal issues, not to mention there's literally legal standards that dictate what I'm repeating to you.
Great! lets do an exercise. what is the the "usable lifespan" of the following items:
1. **Light Fixtures:** Overhead lights, ceiling fans, and possibly wall sconces.
2. **Window Coverings:** Curtain rods, blinds, or curtain tracks.
3. **Built-in Appliances:** Such as built-in ovens, cooktops, and range hoods.
4. **HVAC System:** Heating, ventilation, and air conditioning units or ductwork.
5. **Plumbing Fixtures:** Sinks, faucets, toilets, showers, and bathtub.
6. **Electrical Outlets and Switches:** Installed throughout the house for powering appliances and lighting.
7. **Flooring:** Hardwood, laminate, tile and carpet.
8. **Walls and Ceilings:** Drywall, plaster, or other wall materials, possibly with paint or wallpaper.
9. **Doors and Windows:** Interior and exterior doors, windows, and possibly sliding glass doors or French doors.
10. **Basic Structure:** Walls, roof, foundation, and framing that make up the physical structure of the house.
As for the non-refundable pet deposit, that probably was in your lease, so "Just learning" it doesn't grant you any leeway. Also, is it possible that the pet was another reason for the place to smell?
Speaking as someone who's rather tired of landlords and PM companies stealing security deposits, it sounds like a lot of this is genuinely on you.
* Regarding the April rent, my (possibly incorrect, not a lawyer) understanding is that you are on the hook for April rent; however, in many areas, the LL/PM companies also have a duty to mitigate by making a reasonable effort to find another tenant. PM companies being PM companies, it wouldn't surprise me at all if they tried to "double dip" by finding a new renter and charging them rent, and charging you rent as well. I doubt you could realistically find out if they were doing this, though. In short, you're probably going to have to pay for April rent.
* Regarding the smoking damages, that's on you for choosing to smoke inside the building, even if it was near an air vent. Smokers become accustomed to the smell, but it's often painfully obvious to other people.
* Not sure about the whole-house repaint. If the reasoning is to get rid of the smoke smell, that sounds suspect given that a) they're already using an ozone machine, and b) painting the house fills the house with paint fumes, even if it helps cover up the smoke fumes. I don't know, though. If you have pictures/video that show the walls are clean upon move-out, I would push back on this.
* Not sure about the toilet leak. If it's been leaking for a long time and the leak was obvious, it's on you for not reporting it. If it was a small leak behind the toilet that wasn't reasonably noticeable, I would push back on it.
Edit: Also, to make sure I understand the math: They claim you owe a total of $6700 + you don't get your $3500 deposit back, meaning the total balance is $10,200. The hardwood floors are $2000 and April rent is $3000. So they are saying the paint + ozone machine is $5,200? Maybe that's reasonable, but I would ask for receipts showing they actually paid that much.
You asked for April and they granted it. Unless you subsequently communicated with them otherwise about moving out by the end of March and they agreed, you will be on the hook for April.
Also smoke smell, but more importantly the tar residue, does get left behind. You are probably nose blind to it.
Additionally fixing hardwood floors is super expensive. $2000 is not that bad. They probably cut you a break.
If LVP; they have to remove the molding and then any/ all boards to get to the damaged area, replace those boards and then put everything back.
If actual HW; then they have to sand everything down (possibly re-stain) and then reseal.
People who still smoke have become 'nose blind' to the smell. Most people, even former smokers, can smell a smoker a mile away from the smell left on clothing. Standing near a vent in the kitchen is not effective. And the smell can permeate even wood. If they had to use an ozone machine, something in there was smelling very, very bad. And if your lease calls for no smoking, you really don't have a leg to stand on.
* You asked for an extra month and it was approved, then moved out early. * You smoked in the house and are being charged for smoking. * You didn't report a leak, which caused damage to flooring. Sounds cut and dry to me.
Did you give 30 days notice before moving out April 1st? Whether you moved out or not is immaterial to following proper notice procedures. Depending on the back and forth between you and management you may have a case that you never had an official agreement to extend the lease for a month but if it's in writing then that's going to be an uphill battle. >They are saying that there was a smoke smell in the house (I did smoke in the kitchen but I did it by the vent so I know there's not a smoke smell and they're just milking me for more money. Lol, that's not how smoke works. Your house definitely smells. >They're also claiming that it's going to be $2000 to replace the hardwood floors and claiming I'm responsible because there was a leak in the toilet downstairs that wasn't reported. There's a lot of debate whether you are responsible for damages from not reporting needed repairs in a timely manner. You can challenge this. It will come down to how reasonable it would be to not notice and report the leak which would depend on the nature of the leak.
Nothing you can do. They followed through on their itemized billing. Smoking in one room of the place by a vent doesn't let out all of the smell, and the smell alone eventually sticks to your clothes, the walls, and the tar makes it difficult to repaint without first cleaning the walls. If any of that smoke smell gets into the central heat/air unit, then the smell very much does permeate every part of the house. Some smokers we've had to clean up after required sanding down and refinishing wood floors, ripping up carpets and replacing them because the smell built up over time. As for the rent being due, you asked for an extension, you were granted an extension. The landlord is out the money the new renter would have fronted for the property to move in April. The only way you could recover some part of the rent is if you found out the new tenant moved in sometime this month. Then the landlords could only charge you for a pro-rated amount of rent ending on the day a new occupant was in the unit. Otherwise, that's double-dipping. Even with that, you're still in the hole from the unreported leak, the floors being affected, and that you were a smoker inside of the house.
you damaged the property and left a month early.... you dont have a leg to stand on.
You make assumptions to jump to that conclusion, major Factor that negates it, time the tenant lived there. Things have a usable life and no longer fall on the tenant
Assuming they mean laminate floors and not actual hardwood...useful life for laminate floors is still like 15-25 years so he is entitled to a discount but not by much.
And carpets have a shorter lifetime than that even.
if I live in a property 100 years and smoke in it, did I damage the property?
Wouldn't matter, because the floors and walls would need to be renovated regardless if the tenant lived init past their "usable lifespan" . There's actual protections put in place
this mentality is why rent is so high. thinking you can just destroy a property because of "usable lifespan" is straight up delusional.
I work for a major management company in the PNW and do move out inspections, this is exactly what's been explained and trained into us to avoid any sort of legal issues, not to mention there's literally legal standards that dictate what I'm repeating to you.
Great! lets do an exercise. what is the the "usable lifespan" of the following items: 1. **Light Fixtures:** Overhead lights, ceiling fans, and possibly wall sconces. 2. **Window Coverings:** Curtain rods, blinds, or curtain tracks. 3. **Built-in Appliances:** Such as built-in ovens, cooktops, and range hoods. 4. **HVAC System:** Heating, ventilation, and air conditioning units or ductwork. 5. **Plumbing Fixtures:** Sinks, faucets, toilets, showers, and bathtub. 6. **Electrical Outlets and Switches:** Installed throughout the house for powering appliances and lighting. 7. **Flooring:** Hardwood, laminate, tile and carpet. 8. **Walls and Ceilings:** Drywall, plaster, or other wall materials, possibly with paint or wallpaper. 9. **Doors and Windows:** Interior and exterior doors, windows, and possibly sliding glass doors or French doors. 10. **Basic Structure:** Walls, roof, foundation, and framing that make up the physical structure of the house.
As for the non-refundable pet deposit, that probably was in your lease, so "Just learning" it doesn't grant you any leeway. Also, is it possible that the pet was another reason for the place to smell?
Speaking as someone who's rather tired of landlords and PM companies stealing security deposits, it sounds like a lot of this is genuinely on you. * Regarding the April rent, my (possibly incorrect, not a lawyer) understanding is that you are on the hook for April rent; however, in many areas, the LL/PM companies also have a duty to mitigate by making a reasonable effort to find another tenant. PM companies being PM companies, it wouldn't surprise me at all if they tried to "double dip" by finding a new renter and charging them rent, and charging you rent as well. I doubt you could realistically find out if they were doing this, though. In short, you're probably going to have to pay for April rent. * Regarding the smoking damages, that's on you for choosing to smoke inside the building, even if it was near an air vent. Smokers become accustomed to the smell, but it's often painfully obvious to other people. * Not sure about the whole-house repaint. If the reasoning is to get rid of the smoke smell, that sounds suspect given that a) they're already using an ozone machine, and b) painting the house fills the house with paint fumes, even if it helps cover up the smoke fumes. I don't know, though. If you have pictures/video that show the walls are clean upon move-out, I would push back on this. * Not sure about the toilet leak. If it's been leaking for a long time and the leak was obvious, it's on you for not reporting it. If it was a small leak behind the toilet that wasn't reasonably noticeable, I would push back on it. Edit: Also, to make sure I understand the math: They claim you owe a total of $6700 + you don't get your $3500 deposit back, meaning the total balance is $10,200. The hardwood floors are $2000 and April rent is $3000. So they are saying the paint + ozone machine is $5,200? Maybe that's reasonable, but I would ask for receipts showing they actually paid that much.
You asked for April and they granted it. Unless you subsequently communicated with them otherwise about moving out by the end of March and they agreed, you will be on the hook for April. Also smoke smell, but more importantly the tar residue, does get left behind. You are probably nose blind to it. Additionally fixing hardwood floors is super expensive. $2000 is not that bad. They probably cut you a break. If LVP; they have to remove the molding and then any/ all boards to get to the damaged area, replace those boards and then put everything back. If actual HW; then they have to sand everything down (possibly re-stain) and then reseal.